5223 - Merger or consolidation of planned community.

     § 5223.  Merger or consolidation of planned community.        (a)  General rule.--Any two or more planned communities by     agreement of the unit owners as provided in subsection (b) may     be merged or consolidated into a single planned community. In     the event of a merger or consolidation, unless the agreement     otherwise provides, the resultant planned community is, for all     purposes, the legal successor of all of the preexisting planned     communities, and the operations and activities of all     associations of the preexisting planned communities shall be     merged or consolidated into a single association which shall     hold all powers, rights, obligations, assets and liabilities of     all preexisting associations. The resultant planned community     shall, in addition, be subject in all respects to the provisions     and requirements of this subpart regardless of whether or not     any of the preexisting planned communities have been established     under this subpart.        (b)  Requirements of agreement.--The merger or consolidation     of two or more planned communities under subsection (a) must be     evidenced by a recorded agreement duly executed by the president     of the association of each of the preexisting planned     communities following approval by owners of units to which are     allocated the percentage of votes in each planned community     required to terminate such planned community. Any such agreement     must be recorded in every county in which a portion of the     planned community is located and is not effective until so     recorded.        (c)  Reallocations.--            (1)  Every merger or consolidation agreement must provide        for the reallocation of the common expense liability,        including both general and limited common expenses, and        portion of the votes in the resulting association among the        units of the resulting planned community in one of the        following manners:                (i)  by stating the reallocations or the formulas            upon which they are based; or                (ii)  by stating the common expense liability,            including both general and limited common expenses, and            portion of the votes in the resulting association which            are allocated to all of the units comprising each of the            preexisting planned communities, and providing that the            common expense liability, including both general and            limited common expenses, and portion of the votes in the            association for the resulting planned community shall be            the same as was allocated to each unit formerly            comprising a part of the preexisting planned community by            the declaration of the preexisting planned community.        (d)  Action by declarant.--Notwithstanding the provisions of     subsections (a) and (b), if a declarant shall have expressly     retained the special declarant right to merge or consolidate a     planned community under section 5205(14) (relating to contents     of declaration; all planned communities) and if the declarant     shall have exercised such right within the time period allowed     for such exercise by giving written notice to that effect to all     unit owners accompanied by a copy of the agreement evidencing     such merger or consolidation, then such agreement may be     executed by the declarant rather than by the president of the     association of that planned community and without the necessity     for approval or consent by unit owners or their mortgagees,     provided that the agreement is recorded within the time period     allowed for the exercise of this special declarant right.        Cross References.  Section 5223 is referred to in sections     5102, 5103, 5205 of this title.